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HomeMy WebLinkAboutClark, Butler, Walsh & Hamann-2/28/2011Attorneys at Law 315.E. 5th Street ■ PO. Box 596 ■ Waterlo0, Iowa 50704 ■ (319) 234-5701 FAX (319) 232-9579 ■ www.cbwh-law.com March 4, 2011 Suzy Schares City Clerks Office 715 Mulberry St. Waterloo, IA 50703 Wallace W Butler, Retired Craig 0. Clark 1923-2004 Fred G. Clark, Jr. 1922-1984 Emily C. Bartekoske Rebecca A. Feiereisen Timothy W Hamdnn * Jared R. Knapp Christy R. Liss James E. Walsh, Jr. ** Christopher S. Wendland * Also admitted in Minnesota * * Also admitted in Illinois, Minnesota and Wisconsin Re: Five Star Snacks & Liquor Dear Suzy: Enclosed is a copy of the settlement agreement that was recently approved by council. It ha"s now also been approved by the alcoholic beverages division. Sincerely, CLARK, BUTLER, WALSH & HAMANN By: CSW:amj enc. S:\Users\Chris\CLIENTS\CITY\MISC\Letters\201 I \S chares.0304.wpd Ctuite( Chris Wendland ALCOHOL LICENSING SETTLEMENT AGREEMENT i 4U„1C_'eil& This. Alcohol Licensing Settlement Agreement (the "Agreement") is entered into as of the last date signed below by and between the City of Waterloo, Iowa ("City") and Chaudhry, Inc., d/b/a Five Star Snacks & Liquor ("Licensee"). RECITALS A. On or about June 21, 2010, Licensee filed an electronic application (the "Application") for renewal of a Class E liquor license with respect to premises at 437 Sullivan Avenue, Waterloo, Iowa (the "Licensed Premises"). The Application was denied by the Waterloo City Council on July 26, 2010. 13. Licensee appealed City's action to the Iowa Alcoholic Beverages Division ("ABD"). The parties desire to resolve the dispute, without further hearing, on the terms set • forth in this Agreement. C. Licensee acknowledges its duty under Iowa law to maintain a good reputation for compliance with applicable laws, ordinances and regulations. AGREEMENT NOW, THEREFORE, in consideration of the mutual pr=omises exchanged herein, the parties agree as tb-fows: 1. Licensee agrees to regularly monitor the exterior areas of the premises and the adjacent alley during all hours that Licensee is open for business, no less than once each hour. Licensee will direct apparently loitering patrons to leave the monitored areas and, if such patrons are resistant or respond in threatening Manner, Licensee will promptly inform the Waterloo Police Department, 2. Licensee agrees to pick up and properly dispose of all trash on or about the business premises, the abutting street and sidewalk, and the adjacent alley no less than once each day that Licensee is open for business, 3 In connection with the periodic monitoring -required above, Licensee shall also monitor patrons for consumption of alcoholic beverages in public places, including streets, alleys and sidewalks, and upon observing such activity Licensee shall promptly report it to the Waterloo Police Department. 4. Licensee shall also post signs on the exterior of the business premises, conspicuously and in a manner calculated to carne to. the attention of Licensee's patrons, advising its patrons to comply with ordinances against loitering, public alcohol consumption, and excessive noises. 5. The parties agree that (a) Licensee's promise of performance according to the terms and conditions set forth herein is a material inducement to City's wil] ingness to enter this Agreement and to consent to approval of the Application and (b) such consent by City is a material inducement to Licensee's making of the promises contained herein. Both parties acknowledge that this Agreement is subject to approval by ABD and that the Application will not be approved without action by ABD. If ABD approves this Agreement and the Application, the parties agree to promptly take all action reasonably necessary to dismiss the pending appeal. 6. Each party waives and releases any and all claims, demands, causes of action or liabilitywhatsoever that it may have against the other party, its officers, directors, shareholders, officials, employees or agents, arising out of or in any way connected with the Application or the denial or other handling of same, and each party holds the other party harmless from and against any and all such liabilities. 7. Each party has had the opportunity to review this Agreement with independent legal counsel before signing it. The parties execute this Agreement freely and voluntarily, intending to be bound by its provisions. Because both partieshave contributed to the final.content of this Agreement, the provisions hereof shall not be construed against either party as drafter. S. Nothing herein is intended or believed to contravene applicable state law, regulation, or city ordinance. 9. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof, and it may not be amended except by the mutual written agreement of the parties. This Agreement shall continue in effect until terminated by the mutual written agreement ofthe parties or by Licensee's failure to have in force a liquor license or beer or wine permit with respect to the Licensed Premises. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Time is of the essence. IN WITNESS WHEREOF, the parties have executed this Alcohol Licensing Settlement Agreement by their duly authorized representatives. CITY OF WATERLOO, IOWA By: S Att&`�' r r Attest: dd , �e: Suzy Shares, City Clerk Dated: CITAUDHRY, INC., d/b/a Five Star Snacks & Liquor Muhammad Chaudhry, President Dated: Approved b ', va Al By: Title: rages Division on j �Q/ Copies to: Margaret LaMarche Administrative Law Judge Department of Inspections & Appeals Administrative Hearings Division Wallace State Office Bldg -3`d Fl., 502 E 9th Des Moines, Iowa 50319 John Lundquist Assistant Attorney General Department of Justice Hoover State Office Building Des Moines, Iowa 50319 Lt. Rick Klein ISP, District # 9 1510 W. 1st Street Cedar Falls, Iowa 50613 Sgt. Bob Greenlee Waterloo Police Department 715 Mulberry Street Waterloo, Iowa 50703 Suzy Schares Clerk - City Hall 715 Mulberry Street Waterloo, Iowa 50703-5783 Chief Daniel Trelka Waterloo Police Department 715 Mulberry Waterloo, IA 50703-5783 Chris Wendland City Attorney PO BOX 596 Waterloo, Iowa 50704 Joe Diaz Iowa Lottery 2323 Grand Avenue Des Moines, Iowa 50312 Steven Mandernach Social Gaming Unit Lucas State Office Bldg. Des Moines, Iowa 50319 Karen Freund Licensing/Regulatory Bureau Chief Iowa Alcoholic Beverages Division 1918 SE Hulsizer Ankeny, Iowa 50021 Alfredo Parrish Attorney at Law 2910 Grand Ave Des Moines, Iowa 50312 Attorneys at Law 315 E. 5th Street n PO. Box 5960 Waterloo, Iowa 50704 n (319) 234-5701 FAX (319) 232-9579 o www.cbwh-law.com February 17, 2011 Suzie Schares City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Re: Five Star Snacks & Liquor Dear Suzie: Wallace W. Butler. Retired Craig 0. Clark 1923-2004 Fred G. Clark, Jr I922-1984 Emily C. Bartekoske Rebecca A. Feiereisen Timothy W Hamann * Jared R. Knapp Christy R. Liss James E. Walsh, Jr. *' Christopher S. Wenclland Also admitted in Minnesota -7 also admitted in Illinois. Minnesota and Wisconsin Enclosed is a settlement agreement That I've worked out with the above licensee. This pertains to a renewal application that was denied back in July and went to the state on appeal. This has been reviewed by the licensee's attorney and signed by the licensee. It now needs to go to City Council for approval. Please return a signed copy of this agreement to me as soon as possible. There is a hearing scheduled for the morning of March 2, and I want to get this agreement in the hands of the Alcoholic Beverages Commission as soon as possible. Be sure to keep a copy of this document for future use and reference. Pursuant to paragraph 9, the agreement is effective until the parties agree to cancel it, or until the licensee fails to have a license or permit for the premises at 437 Sullivan Ave. Let me know if you have any questions. Sincerely, CLARK, BUTLER, WALSH & HAMANN By: CSW:anij enc. S:\Users\Chris\CLIENTS\CrrY\MISOLeuers\20111Schares.0217.wpd Chris Wendland ALCOHOL LICENSING SETTLEMENT AGREEMENT This Alcohol Licensing Settlement Agreement (the "Agreement") is entered into as of the last date signed below by and between the City of Waterloo, Iowa ("City") and Chaudhry, Inc., d/b/a Five Star Snacks & Liquor ("Licensee"). RECITALS A. On or about June 21, 2010, Licensee filed an electronic application (the "Application") for renewal of a Class E liquor license with respect to premises at 437 Sullivan Avenue, Waterloo, Iowa (the "Licensed Premises"). The Application was denied by the Waterloo City Council on July 26, 2010. B. Licensee appealed City's action to the Iowa Alcoholic Beverages Division ("ABD"). The parties desire to resolve the dispute, without further hearing, on the terms set forth in this Agreement. C. Licensee acknowledges its duty under Iowa law to maintain a good reputation for compliance with applicable laws, ordinances and regulations. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Licensee agrees to regularly monitor the exterior areas of the premises and the adjacent alley during all hours that Licensee is open for business, no less than once each hour. Licensee will direct apparently loitering patrons to leave the monitored areas and, if such patrons are resistant or respond in threatening manner, Licensee will promptly inform the Waterloo Police Department. 2. Licensee agrees to pick up and properly dispose of all trash on or about the business premises, the abutting street and sidewalk, and the adjacent alley no less than once each day that Licensee is open for business. 3. In connection with the periodic monitoring required above, Licensee shall also monitor patrons for consumption of alcoholic beverages in public places, including streets, alleys and sidewalks, and upon observing such activity Licensee shall promptly report it to the Waterloo Police Department. 4. Licensee shall also post signs on the exterior of the business premises, conspicuously and in a manner calculated to come to the attention of Licensee's patrons, advising its patrons to comply with ordinances against loitering, public alcohol consumption, and excessive noises. 5. The parties agree that (a) Licensee's promise of performance according to the terms and conditions set forth herein is a material inducement to City's willingness to enter this Agreement and to consent to approval of the Application and (b) such consent by City is a material inducement to Licensee's making of the promises contained herein. Both parties acknowledge that this Agreement is subject to approval by ABD and that the Application will not be approved without action by ABD. If ABD approves this Agreement and the Application, the parties agree to promptly take all action reasonably necessary to dismiss the pending appeal. 6. Each party waives and releases any and all claims, demands, causes of action or liability whatsoever that it may have against the other party, its officers, directors, shareholders, officials, employees or agents, arising out of or in any way connected with the Application or the denial or other handling of same, and each party holds the other party harmless from and against any and all such liabilities. 7. Each party has had the opportunity to review this Agreement with independent legal counsel before signing it. The parties execute this Agreement freely and voluntarily, intending to be bound by its provisions. Because both parties have contributed to the final content of this Agreement, the provisions hereof shall not be construed against either party as drafter. 8. Nothing herein is intended or believed to contravene applicable state law, regulation, or city ordinance. 9. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof, and it may not be amended except by the mutual written agreement of the parties. This Agreement shall continue in effect until terminated by the mutual written agreement of the parties or by Licensee's failure to have in force a liquor license or beer or wine permit with respect to the Licensed Premises. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Time is of the essence. IN WITNESS WHEREOF, the parties have executed this Alcohol Licensing Settlement Agreement by their duly authorized representatives. CITY OF WATERLOO, IOWA CHAUDHRY, INC., d/b/a Five Star Snacks & Liquor By: Muhammad Chaudhry, President By: 0.141tv. OEr- Fa 17e/UL - s _°� Attest: ` � ` ` �-- atm_.-_�_ Suzy Shares, City Clerk Dated: �;7`, I Dated: Approved by Iowa Alcoholic Beverages Division on , 2011. By: Title: 2